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SF  THE 

, WVIftSITK  OF  ItkJWHS 
M/  


CO  P V 

OF  THE 

Oyster  law 

OR  LOUISIANA. 

Act  52  of  1904. 

ISSUED  BY  T 

OYSTER  COMMISSION  OF 
LOUISIANA. 


No.  124  St.  Charles  Street,  NEW  ORLEANS,  LA. 


Address  all  communications  to 

OYSTER  COMMISSION  OF  LOUISIANA, 

124  St.  Charles  Street,  New  Orleans,  La. 


f. 


ACT  No.  52. 


AN  ACT 


To  encourage,  protect,  regulate  and  develop  the  oyster  industry 
of  the  State  of  Louisiana,  and  to  increase  the  revenues  of  the 
State  therefrom ; by  recognizing  and  declaring  the  ownership 
of  the  State  in  and  to  the  bottom  or  beds  of  the  bodies  or 
streams  of  water  along  the  Coast  of  the  Gulf  of  Mexico,  and 
the  waters  of  the  Gulf  of  Mexico  within  the  jurisdiction  of 
the  State  of  Louisiana ; by  prohibiting  their  alienation  in 
fee  simple ; by  recognizing  and  declaring  the  ownership  of  the 
State  in  and  to  all  oysters  growing  naturally  thereon ; by  limit- 
ing the  rights  of  riparian  proprietors  to  low  water  mark ; by 
creating  the  Oyster  Commission  of  Louisiana,  providing  for 
its  organization  and  defining  its  powers  and  duties;  by  consti- 
tuting said  Commission  a department  of  the  State  government 
and  a political  corporation  invested  with  all  necessary  corpor- 
ate powers ; by  providing  for  the  leasing  of  oyster  lands  be- 
longing to  the  State ; by  providing  for  the  licensing,  regis- 
tration and  designation  of  vessels  employed  in  the  oyster  in- 
dustry ; by  levying  a special  assessment  or  privilege  tax  on 
oysters  produced  in  Louisiana  waters  and  a police  license 
on  persons,  firms,  corporations  and  vessels  engaged  in  the 
oyster  industry ; by  providing  for  the  manner  of  collecting, 
handling,  depositing  and  disbursing  the  revenues  of  said 
Commission  and  the  destination  of  its  surplus  revenues ; by 
providing  for  the  protection  of  the  natural  oyster  reefs  of  this 
State  and  for  the  creation  of  artificial  reefs ; by  providing 
such  other  regulations  as  are  necessary  to  properly  carry  out 
the  objects  and  purposes  of  this  Act;  by  providing  penalties 
for  the  violation  of  the  provisions  of  this  Act,  and  the  rules 
and  1 egulations  of  the  Commission ; and  by  providing"  for  the 
repeal  of  all  laws  on  the  same  subject  matter,  and  those  in 
conflict  with  the  provisions  of  this  Act. 

Section  i.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Louisiana,  That  all  the  beds  and  bottoms  of  the  rivers,  bayous, 
lagoons,  lakes,  bays,  sounds  and  inlets  bordering  on  or  connecting 
with  the  Gulf  of  Mexico,  and  all  that  part  of  the  Gulf  of  Mexico 
within  the  jurisdiction  of  the  State  of  Louisiana,  and  all  oysters 
and  other  shell  fish  naturally  growing  thereon  shall  be,  continue 
and  remain  the  property  of  the  State  of  Louisiana,  and  shall  be 
under  the  control  of  the  Oyster  Commission  of  Louisiana,  here- 
inafter created,  which  said  Commission  may  permit  of  its  use 
bv  residents  of.  the  State  of  Louisiana,  firms  composed  of  res- 
idents of  Louisiana,  and  Louisiana  corporations,  for  the  purpose 
of  fishing,  taking,  catching,  bedding  and  raising  oysters  and 
other  shell  fish,  subject  to  the  reservations  and  restrictions  here- 


727654 


-2 — 


inafter  to  be  imposed  by  this  act,  or  hereafter  to  be  imposed  by 
said  Oyster  Commission  of  Louisiana.  No  grant,  sale  or  convey- 
ance of  the  lands  forming-  the  bottoms  or  beds  of  said  bodies 
or  streams  of  water,  except  the  conditional  leases  and  disposi- 
tions hereinafter  provided  for,  shall  hereafter  be  made  by  the 
Register  of  the  State  Land  Office  or  by  any  other  official,  polit- 
ical corporation  or  person.  Corporations  domiciled  in  this  State, 
with  their  factories,  shucking  plants,  and  shipping  depots  located 
in  this  State,  may  enjoy  the  right  of  fishing  oysters  from  the 
natural  reefs  and  of  bedding  oysters  on  leased  bedding  grounds, 
provided  such  oysters  are  canned,  shucked  or  packed  in  this 
.State,  or  shipped  raw,  in  shells,  from  a shipping  depot  in  this 
State  for  consumption  either  in  or  out  of  this  State;  but  no 
person,  firm  or  corporation  shall  ship  oysters  out  of  this  State 
for  canning  or  packing  out  of  this  State;  as  it  is  the  desire  of 
the  State  to  encourage  the  planting  of  shells  on  barren  bottoms 
in  this  State,  no  oysters  in  the  shell  shall  be  shipped  out  of  this 
State  without  first  getting  from  the  Oyster  Commission  of  Louis- 
iana its  permit  so  to  do,  and  for  which  no  charge  shall  be  made 
by  said  Commission.  Those  engaged  in  the  oyster  industry 
under  the  provisions  of  this  act  shall  have  the  right  to  employ 
such  labor  and  assistance,  boats  and  vessels  as  they  may  need, 
whether  residents  or  non-residents. 

Sec.  2.  Be  it  further  enacted , etc.,  That  the  rights  of  the 
owner  or  occupant  of  land  bordering  on  the  shores  of  any  of  the 
waters  hereinbefore  described  shall  extend  to  ordinary  low  water 
mark  only,  and  no  one  shall  own  in  fee  simple  the  bottoms  of 
navigable  waters.  All  leases  of  bedding  grounds  made  in  pur- 
suance of  the  provisions  of  Act  no  of  1892,  or  Act  121  of  1896, 
and  Act  153  of  1902,  shall  continue  in  force  and  effect  up  to 
their  expiration,  provided  such  leases  shall  pay  to  the  Oyster 
Commission  the  rental  provided  for  by  this  act,  and  subject 
themselves  to  such  further  regulations  as  said  Commission  may 
impose.  All  owners  of  existing  leases  shall  have  the  first 
right  to  renewal  of  their  leases  on  such  conditions  as  are  herein 
provided  or  may  hereafter  be  provided  by  the  Oyster  Commis- 
sion of  Louisiana. 

Sec.  3 Be  it  further  enacted,  etc.,  That  the  Governor  shall 
appoint,  by  and  with  the  consent  of  the  Senate  five  competent 
persons  from  among  the  qualified  voters  of  this  State,  which  said 
five  (5)  persons,  as  commissioners,  shall  form  and  constitute  the 
“Oyster  Commission  of  Louisiana, ” which  said  Commission  is 
hereby  created.  Said  Commissioners  shall  not  be  financially  in- 
terested in  any  way  in  the  oyster  industry,  and  shall  hold  their 
offices  for  a period  of  Four  years,  and  until  their  successors  are 


— 3— 


appointed  and  qualified.  Said  Commission  shall  be  and  is  here- 
by vested  with  full  and  complete  power  and  authority,  on  behalf 
of  the  State  of  Louisiana,  to  control  the  oyster  producing  terri- 
tory of,  and  the  oyster  industry  carried  on  in  this  State,  except 
to  such  extent  as  its  powers  and  discretion  shall  be  limited  by 
the  provisions  of  this  act,  and  subsequent  amendments  of  this 
act  by  the  State  Legislature;  and  to  enforce  such  rules  and  regu- 
lations as  it  may  adopt,  penalties  are  imposed  for  the  violations 
of  its  rules,  and  such  penalties  shall  be  an  imprisonment  of  not 
less  than  one  (i)  day  and  not  more  than  thirty  (30)  days  in 
the  parish  prison,  or  a fine  of  not  less  than  five  dollars  ($5.00) 
nor  more  than  twenty-five  dollars  ($25.00),  or  both,  within  the 
discretion  of  the  Court;  and  when  adopted,  such  rules  and  regu- 
lations shall  have  the  same  force  and  effect  as  provisions  of  this 
act ; provided  said  rules  and  regulations  are  not  in  conflict  with  the 
provisions  of  this  act.  Said  Commissioners  shall  be  removable 
by  the  Governor  for  cause,  as  is  now  provided  by  law. 

The  Commission  shall  permit  no  salaried  officers  or  employees 
to  be  interested  in  the  oyster  industry,  or  to  be  in  the  employ  of 
any  person,  firm  or  corporation  engaged  in  the  oyster  business, 
under  the  penalty  of  forfeiture  of  all  rights  sought  to  be  ac- 
quired by  said  salaried  officers  or  employees. 

Sec*  4.  Be  it  further  enacted , etc.,  That  the  said  Commission 
shall,  in  addition  to  the  powers  herein  conferred,  be  constituted, 
as  a Department  of  the  State  Government  for  the  purpose  of 
management  of  the  State’s  oyster  fields  and  water  bottoms,  a 
body  politic  or  political  corporation  invested  with  all  the  powers 
inherent  in  such  corporations ; it  shall  have  the  authority  to  sue 
and  be  sued  under  the  style  ‘‘Oyster  Commission  of  Louisiana,” 
and  all  process  against  said  corporation  shall  be  served  on  the 
President  or  Secretary  of  said  Commission,  and  all  suits  in  its 
behalf  shall  be  brought  by  its  President.  The  domicile  of  said 
Commission  is  hereby  fixed  in  the  City  of  New  Orleans,  where 
an  office  shall  be  established  for  the  holding  of  its  sessions,  and 
where  its  archives  shall  be  kept,  and  services  of  process  shall  be 
made  upon  the  President  or  Secretary  of  the  Commission  in 
person.  Said  Commission  shall  have  authority  to  buy,  sell, 
hold,  lease  and  hypothecate  property,  real,  personal  and  mixed ; 
to  make  and  execute  all  contracts,  and  generally  to  do  and  per- 
form all  things  necessary  to  carry  out  the  objects  of  this  act, 
subject  to  all  limitations  and  duties  herein  provided.  It  shall 
have  a corporate  seal  and  copies  of  all  regulations  of  said  Com- 
mission and  copies  of  its  proceedings,  or  leases,  papers  and  other 
records  certified  by  the  Secretary,  under  the  corporate  seal,  shall 
he  received  in  all  courts  as  prima  facie  evidence  of  the  acts,  doc- 


— 4— 


uments,  records  and  proceedings  of  said  Commission.  Said  Com- 
mission shall  adopt  by-laws  for  its  own  government  and  the  gov- 
ernment of  its  employees ; it  shall  adopt  rules  and  regulations  for  a 
comprehensive  control  of  the  oyster  industry.  Any  person  in  inter- 
est who  feels  aggrieved  by  any  such  rule  or  regulation  shall  have 
the  right  to  test  the  legality,  justice  or  reasonableness  of  same 
in  the  courts.  It  shall  keep  a record  of  its  proceedings,  which 
shall  be  published  after  each  meeting  in  a journal  published 
daily  in  the  City  of  New  Orleans,  to  be  selected  by  it,  and  its 
regulations  and  ordinances  shall  go  into  effect  ten  days  after  pro- 
mulgation. It  shall  be  the ' duty  of  the  Commission,  at  each 
regular  session,  to  examine  all  accounts  and  operations  of  the 
Commission,  and  determine  what  work  shall  be  undertaken.  It 
shall  improve,  enlarge  and  protect  the  natural  oyster  reefs  of  this 
State  as  its  means  permit ; said  Commission  shall  assist  in  pro- 
tecting the  lessees  of  private  bedding  grounds  in  the  enjoyment 
of  their  rights,  and  it  shall  make  to  each  session  of  the  General 
Assembly  a report  of  the  condition  of  the  oyster  industry,  and  the 
oyster  territory  belonging  to  the  State  and  recommendations  for 
the  development  of  the  industry  and  the  proper  protection  of 
the  rights  of  the  State. 

Sec.  5.  Be  it  further  enacted , etc.,  That  the  Commissioners 
shall  convene  and  hold  their  first  meeting  in  the  City  of  New 
Orleans  on  the  2nd  day  of  January,  1905 ; and  the  Commis- 
sioners appointed  under  the  provisions  of  Act  153  of  1902  shall 
continue  in  office  and  discharge  all  of  the  duties  imposed  by  this 
act  upon  the  Commissioners  until  said  day.  A majority  of  said 
Commissioners  shall  constitute  a quorum  to  do  business ; they 
shall  organize  by  electing  one  of  their  number  President.  They 
shall  appoint  a Secretary,  who  shall  hold  office  during  the  pleas- 
ure of  the  Commission  and  whose  salary  shall  not  exceed  the 
sum  of  twelve  hundred  dollars  ($1,200.00  per)  annum,  and  who 
shall  devote  his  time  exclusively  to  the  work  of  said  Commis- 
sion, and  whose  office  shall  be  open  to  the  public  daily  from  9 
A.  M.  to  5 P.  M.  Said  Commission  shall  designate  the  time  of 
holding  its  regular  sessions,  and  may  be  convened  at  any  time 
upon  the  call  of  its  President  or  upon  a call  of  two  of  the  Com- 
missioners. In  case  of  the  death  or  resignation  of  the  President, 
the  Secretary  shall  call  the  Commission  together  to  fill  the  vacancy, 
and  in  case  of  the  absence,  inability  or  failure  to  act  of  the  Presi- 
dent, the  Commission  shall  appoint  one  of  its  number  President 
pro  tern.,  who  shall  perform  all  the  duties  of  the  President.  In 
case  of  neglect  of  duty  by  any  Commissioner,  or  his  failure, 
without  good  cause,  to  attend  regular  meetings  for  three  times  suc- 
cessively, it  shall  be  the  duty  of  the  Governor,  on  the  request  of 


— 5— 


the  Commission,  or  any  person  making  proof  of  such  neglect,  to 
remove  such  Commissioner  and  appoint  his  successor  for  the  un- 
expired term.  The  Commissioners  shall  each  receive  a salary  of 
ten  dollars  ($10)  per  diem,  and  actual  traveling  expenses,  when  in 
actual  attendance  on,  coming  to,  or  returning  from,  the  sessions 
of  said  Commission,  which  amount  shall  be  paid  out  of  the  funds 
of  the  Commission  on  the  warrant  of  the  President,  signed  by 
the  Secretary;  but  in  no  year  shall  the  aggregate  sum  expended 
by  the  Commission  for  per  diem  and  traveling  expenses  together 
exceed  the  sum  of  twenty-five  hundred  dollars  ($2,500).  The 
President  shall  receive  a salary  of  one  thousand  dollars  ($1,000) 
per  annum  in  addition  to  his  per  diem  and  traveling  expenses,  and 
this  shall  not  be  charged  against  the  twenty-five  hundred  dollars 
($2,500.00;  provided  for  per  diem  and  traveling  expenses  here- 
inabove set  forth.  In  addition  to  the  sum  of  twenty-five  hundred 
dollars  ($2,500.00)  provided  for  herein  for  per  diem  and  traveling 
expenses  of  the  Commissioners  at  meetings,  the  Commission  shall 
be  further  authorized  to  expend  a sum  not  exceeding  five  hundred 
dollars  ($500.00)  annually  in  defraying  the  traveling  expenses  of 
members  of  the  Commission,  when  engaged  on  business  of  the 
Commission,  authorized  by  the  Commission. 

Sec.  6.  Be  it  further  enacted , etc.,  That  the  said  Commission 
shall  have  authority  to  employ  an  attorney  at  a salary  not  to  ex- 
ceed twelve  hundred  dollars  ($1,200.00)  per  annum;  that  it  shall 
elect  a Chief  Inspector  at  a salary  of  one  thousand  dollars  ($1,000) 
per  annum  and  who  may,  in  addition,  receive  such  a percentage 
of  the  license  fees,  tax  and  rents  collected  as  the  Commission  may 
determine ; provided  his  total  annual  compensation  shall  not  exceed 
the  sum  of  two  thousand  dollars  ($2,000).  Said  Commission  may 
elect  a Civil  Engineer  and  Surveyor  to  be  known  as  the  Chief 
Surveyor,  whose  compensation  to  be  fixed  by  the  Commissioners 
annually  shall  not  exceed  two  thousand  five  hundred  dollar5; 
($2,500)  per  annum,  and  whose  service  shall  be  devoted  exclu- 
sively to  the  work  of  the  Commission.  The  Commissioners  shall 
appoint  such  deputy  surveyors  as  may  be  necessary,  which  said 
deputies  shall  survey  the  bedding  grounds  of  applicants,  and 
shall  receive  for  such  service,  such  compensation,  payable  by  the 
applicant,  as  the  Commission  may  determine.  Said  Commission 
shall  have  authority  to  employ  such  Deputy  Inspectors,  Collectors, 
Patrolmen  and  other  employees,  at  salaries  to  be  fixed  by  said 
Commission,  as  may  be  necessary  to  regulate  the  oyster  industry 
and  carry  into  effect  the  provisions  of  this  act  and  the  rules  and 
regulations  of  the  Commission.  All  employees  and  officers  of  the 
Commission  may  be  removed  by  the  Commission  at  any  time  and 
may  be  suspended  by  the  President  for  cause  pending  a meeting 
of  the  said  Commission. 


Sec.  7.  Be  it  further  enacted , etc.,  That  all  funds  of  said  Com- 
mission shall  be  deposited  with  the  State  Treasurer  to  the  credit 
of  the  “Oyster  Commission  of  Louisiana/’  and  all  warrants  drawn 
thereon  by  the  President,  attested  by  the  Secretary,  and  seal  of 
said  Commission,  shall  specify  the  indebtedness  said  warrants 
are  intended  to  liquidate,  in  whole  or  part,  and  said  funds  shall  not 
be  drawn  from  the  treasury  except  on  the  warrant  of  the  State 
Auditor  of  Public  Accounts  which  he  shall  issue  in  exchange  for 
the  warrants  of  said  Commission.  The  Commission  shall  on  the 
first  day  of  July  of  each  and  every  year  draw  its  warrant  in  favor 
of  the  State  Treasurer  for  such  surplus  of  funds  as  the  books  of 
said  Commission  show  to  exist  after  providing  for  the  payment  of 
all  obligations  incurred  to  said  date.  The  said  Commission  in  de- 
termining its  outstanding  obligations  as  herein  provided  shall 
reimburse  each  parish  of  this  State  for  such  criminal  expenses  as 
such  parishes  may  incur  in  the  criminal  prosecution  and  confine- 
ment of  violators  of  the  provisions  of  this  law  and  the  rules  and 
regulations  of  the  Commission,  said  amount  to  be  based  upon  the 
certificate  of  the  District  Judge.  The  said  surplus  shall  annually 
be  credited  by  the  State  Treasurer  and  State  Auditor,  one-half  to 
the  public  school  fund,  and  one-half  to  a fund  for  the  pur- 
pose of  improving  the  public  roads  of  the  State.  The  fiscal  year 
of  said  Commission  shall  begin  July  first  and  end  June  thirtieth. 
The  Auditor  shall  not  in  any  fiscal  year  warrant  on  said  funds  for 
more  than  thirty-five  thousand  dollars  ($35,000)  and  all  funds  in 
excess  of  thirty-five  thousand  dollars  ($35,000)  shall  be  credited 
to  the  school  and  road  fund  as  heretofore  provided,  and  the  sum  of 
thirty-five  thousand  dollars  ($35,000)  for  the  fiscal  year  ending 
June  30,  1905,  and  thirty-five  thousand  dollars  ($35,000)  for  the 
fiscal  year  ending  June  30,  1906,  or  as  much  thereof  as  may  be  nec- 
essary be  and  the  same  is  hereby  appropriated  out  of  said  oyster 
fund,  to  be  subject  to  the  warrant  of  the  Oyster  Commission  as 
herein  set  forth,  provided  the  said  funds  shall  have  first  been  col- 
lected by  the  said  Oyster  Commission  under  the  provisions  of  this 
act  and  placed  to  its  credit  with  the  State  Auditor  and  Treasurer. 
The  funds  arising  from  all  licenses,  rents  and  other  sources,  except 
the  three  (3)  cent  privilege  tax,  shall  be  collected  by,  and  paid  to 
the  Secretary  of  said  Commission  under  such  rules  and  regulations 
as  said  Commission  may  prescribe,  and  the  Secretary  shall  deposit 
the  same  daily  to  the  credit  of  said  Commission  in  a bank  in  the 
City  of  New  Orleans  selected  by  the  Commission,  and  the  Com- 
mission shall  remit  the  same  monthly  to  the  State  Treasurer  and 
settle  with  the  State  Auditor  at  least  monthly. 

All  privilege  taxes,  as  hereinafter  levied,  shall  be  collected  by 
the  Tax  Collectors,  Sheriffs  and  ex-officio  Tax  Collectors  of  the 
several  parishes  of  the  State  where  such  taxes  are  collectable  under 
the  regulations  of  the  Commission  and  said  Tax  Collectors,  Sheriffs 


and  ex-officio  Tax  Collectors  shall  deposit  their  collections  and 
make  their  settlements  of  same  monthly  with  the  State  Treasurer 
and  State  Auditor,  and  all  amounts  so  collected  shall  be  placed 
to  the  credit  of  the  fund  of  said  “Oyster  Commission  of  Louis- 
iana” by  the  State  Auditor  and  the  State  Treasurer,  who  shall 
pay  the  warrants  of  the  Commission  out  of  the  funds  to  the 
credit  of  said  Commission.  Such  privilege  taxes  shall  be  col- 
lected under  the  rules  and  regulations  to  be  established  by  said 
Commission. 

No  railroad,  steamboat  or  other  common  carrier  shall  receive 
any  oysters  subject  to  the  privilege  tax  herein  prvided  for  and  on 
which  the  privilege  tax  has  not  been  paid,  without  entering  the  tax 
on  the  bill  of  lading  and  collecting  the  same ; and  it  shall  be  their 
duty  to  remit  the  amount  of  tax  collected  to  the  tax  collector  of 
the  parish  from  which  the  produce  was  shipped.  Any  common 
carrier  failing  to  collect  said  privilege  tax  as  herein  provided,  and 
failing  to  remit  the  same  monthly  to  the  Tax  Collector  as  herein 
provided  shall  be  deemed  guilty  of  a violation  of  the  provisions 
of  this  act. 

Bonds  for  the  faithful  performance  of  their  duties  shall  be 
. furnished  by  the  several  officials  of  said  Commission  as  follows : 
President  in  the  sum  of  twenty-five  hundred  dollars  ($2,500). 
Secretary,  in  the  sum  of  twenty-five  hundred  dollars  ($2,500). 
Chief  Inspector,  in  the  sum  of  fifteen  hundred  dollars  ($1,500). 
Chief  Surveyor,  in  the  sum  of  one  thousand  dollars  ($1,000). 
Deputy  Inspectors  and  Surveyors,  in  the  sum  of  one  thousand 
dollars  ($1,000)  each,  and  the  said  Commission  shall  have  the 
right  to  increase  the  amount  of  any  of  said  bonds  whenever  it 
deems  it  advisable  and  may  pay  the  cost  of  the  premium  of  said 
bonds.  No  one  interested  in  the  oyster  industry  shall  be  a com- 
petent surety  on  said  bonds. 

Sec.  8.  Be  it  further  enacted,  etc-,  That  the  said  Commission 
shall  acquire  such  boats,  vessels  and  other  property  as  may  be 
necessary  to  regulate  and  control  the  oyster  industry,  and  as  soon 
as  the  funds  become  available  for  the  purpose,  said  Commission 
shall  establish  and  maintain,  by  means  of  armed  vessels,  the  neces- 
sary patrol  of  the  Gulf  Coast  with  authority  to  use  such  arms  as 
may  be  necessary  to  capture  any  vessel  or  person  violating  the 
provisions  of  this  act,  or  the  rules  and  regulations  of  said  Com- 
mission. All  the  property  now  owned  by  the  Oyster  Commission 
of  Louisiana  organized  under  Act  153  of  1902,  shall  revert  to  and 
become  the  property  of  the  Oyster  Commission  of  Louisiana,  or- 
ganized under  the  provisions  of  this  act.  The  said  Commission 
shall  have  the  power  to  establish  ports  of  entry  at  such  points  as 
it  may  deem  convenient,  where  the  privilege  taxes  hereinafter 
levied  on  oysters  shall  be  paid,  and  shall  have  the  power  to  make 


— 8— 


such  rules  and  regulations  as  may  be  necessary  to  enforce  the 
collection  of  the  privilege  taxes  hereinafter  levied  on  the  oysters 
subject  thereto. 

Each  packer,  canner,  corporation,  firm,  commission  man  or 
daeler  shall  keep  a record  of  all  the  oysters  purchased  by  him, 
with  the  names  of  the  parties  from  whom  purchased,  the  quan- 
tity and  the  date,  and  shall  keep  an  itemized  account  of  all  oys- 
ters caught  by  such  packer,  corporation,  firm,  dealer  or  other 
person,  and  all  caught  and  taken  by  boats  controlled  by  them, 
and  shall  exhibit  said  accounts  at  all  times,  when  called  upon  by 
any  Commissioner  or  officer  so  to  do ; and  shall  on  the  first  day  of 
each  month  make  a return  under  oath  to  the  said  Commission  as 
to  the  number  of  barrels  purchased  and  caught  during  the  pre- 
ceding month ; and  the  making  of  any  false  affidavit  to  any  re- 
turn shall  be  perjury  and  punishable  as  is  provided  in  other 
cases  of  perjury.  The  Commission  shall  be  authorized  to  require 
detailed  returns  whenever  it  deems  same  necessary. 

Sec.  9.  Be  it  further  enacted , etc .,  That  for  the  purpose  of 
improving  the  natural  oyster  reefs  and  protecting  both  the  nat- 
ural reefs  and  private  bedding  grounds  and  to  carry  out  the 
purposes  of  this  act,  and  as  one  of  the  conditions  on  which  the 
State  consents  to  the  fishing  or  removal  of  oysters  from  her 
natural  reefs,  and  the  use  or  rental  of  her  water  bottoms  for  oys- 
ter propagating  purposes,  there  be  and  is  hereby  levied  a special 
assessment,  forced  contribution  or  privilege  tax  of  three  (3)  cents 
per  barrel  on  each  and  every  barrel  of  oysters  gathered  from  the 
waters  of  this  State,  whether  from  the  natural  reefs,  bedding 
or  propagating  grounds,  for  sale  or  consumption. 

Oysters  taken  from  any  waters  for  bedding  purposes  shall  not 
pay  this  tax  until  again  taken  up  for  consumption  or  sale.  The 
Inspectors  of  said  Commission  are  authorized  to  enter  upon  any 
boat,  or  to  enter  any  building  where  oysters  are  carried  or  stored 
and  to  examine  such  oysters  at  all  times.  No  person,  firm  or 
corporation  shall  engage  in  the  business  of  canning  oysters  in  this 
State,  until  they  shall  first  have  procured  from  the  “Oyster  Com- 
mission of  Louisiana”  an  annual  police  license  for  which  a charge 
of  one  hundred  dollars  ($100)  shall  be  made  by  said  Commission 
for  each  steam  box  in  use  in  such  establishment  ; and  no  person 
firm,  or  corporation  shall  engage  in  the  business  of  buying  tor 
resale  and  shipping  oysters  raw  in  shells,  or  packed,  until  they 
shall  first  have  procured  from  said  Commission  an  annual  po- 
lice license,  for  which  a charge  of  twenty-five  dollars  ($25.00) 
shall  be  made  by  said  Commission  when  ten  or  more  shuckers 
shall  be  employed  in  such  establishment.  When  less  than  ten 
and  more  than  five  shuckers  are  employed,  the  police  license  shall 
be  fifteen  dollars  ($15.00)  per  annum;  when  five  or  less  shuckers 


are  employed,  the  police  license  shall  be  ten  dollars  ($10.00)  per 
annum ; and  when  no  shuckers  are  employed,  and  oysters  are  han- 
dled only  in  the  shell,  tl)e  police  license  shall  be  ten  dollars 
($10.00)  per  annum,  when  not  more  than  ten  thousand  barrels  of 
oysters  are  bought,  shipped  and  sold  per  annum ; fifteen  dollars 
($15)  per  annum,  where  more  than  ten  thousand,  and  less  than 
fifteen  thousand  barrels  of  oysters  are  bought,  shipped  and  sold 
per  annum ; and  twenty  dollars  ($20)  per  annum  where  more  than 
fifteen  and  less  than  twenty  thousand  barrels  are  bought,  shipped 
and  sold  per  annum ; and  when  the  number  of  barrels  of  oysters 
bought,  shipped  and  sold  per  annum  shall  exceed  twenty  thou- 
sand, the  license  shall  be  twenty-five  dollars  ($25)  per  annum. 

No  person,  firm  or  corporation  shall  begin  business  without 
first  procuring  at  least  the  minimum  license.  At  the  end  of  the 
year  the  sworn  returns,  herein  provided  for,  of  oysters  bought, 
shipped  and  sold  by  each  licensee  shall  be  computed,  and  such  li- 
censee shall  pay  any  additional  licenses  shown  to  be  due  by  him 
thereby.  Vessels  purchasing  for  resale  oysters  to  make  up  a 
cargo  shall  procure  a police  license  permitting  the  conduct  of  such 
business  which  shall  be  graded  upon  the  tonnage  of  the  boat  em- 
ployed, on  the  following  basis,  to-wit : 

Where  the  boat  does  not  exceed  five  tons,  the  police  license 
shall  be  ten  ($10)  dollars  per  annum ; where  the  tonnage  is  more 
than  five  and  not  exceeding  ten  tons,  the  license  shall  be  fifteen 
($15)  dollars  per  annum;  where  the  tonnage  exceeds  ten  tons, 
the  police  license  shall  be  twenty  ($20)  dollars  per  annum,  and 
every  such  licensed  vessel ‘shall  carry  on  board  a suitable  book 
in  which  a daily  record  shall  be  made  of  all  oysters  purchased, 
and  giving  the  date  of  purchase,  the  name  of  the  seller  or  vessel 
from  which  purchased  and  the  quantity  of  oysters  purchased, 
which  said  record  shall  at  all  times  be  open  to  the  inspection  of 
the  officials  of  said  Commission  and  extracts  therefrom  shall  be 
furnished  said  Commission  whenever  required. 

All  vessels  engaged  in  the  oyster  industry,  before  beginning 
operations  must  first  secure  a polcie  license  from  the  said  Com- 
mission, and  for  this  purpose  the  owner,  captain  or  agent  of  said 
vessel  must  present  in  writing  an  application  setting  forth  the 
name  and  description  of  said  vessel,  the  name  and  post  office  ad- 
dress of  the  owner  and  captain,  the  number  of  the  crew,  and 
such  further  data  as  said  Commission  shall  deem  necessary,  and 
thereupon  the  secretary  shall  register  said  vessel  and  issue  the 
necessary  license  on  payment  of  the  cost  thereof.  All  licenses 
shall  be  graduated  according  to  the  oyster  carrying  capacity  of 
each  boat  or  vessel,  and  shall  be  ascertained  under  the  rules  and 
regulations  to  be  prescribed  by  the  Commission,  on  the  basis  of 


— 10 — 


twenty  (20)  barrels  to  a ton;  and  all  vessels  or  boats  are  re- 
quired to  submit  to  the  necessary  survey  for  their  licenses;  and 
a police  license  tax  of  fifty  (50)  cents  per  ton,  or  a fraction  of  a 
ton,  is  hereby  levied  on  each  vessel  or  boat  engaged  in  the  oyster 
industry  in  this  State,  when  of  one  (1)  ton  or  more  capacity. 
Payment  of  this  police  license  and  a compliance  with  the  provi- 
sions of  the  regulations  shall  be  required  of  all  vessels  deter- 
mined by  the  Commission  to  be  engaged  in  the  freighting  of 
oysters  as  their  exclusive  cargo,  when  in  the  opinion  of  the 
Commission  police  inspection  of  their  cargo  is  necessary. 

No  boat  or  vessel  engaged  in  the  oyster  industry  shall  change 
its  name  without  the  consent  of  the  Commission. 

These  licenses  shall  always  be  subject  to  inspection  by  the 
officers  of  the  Commission,  and  shall  not  be  good  for  any  other 
vessel  or  owner  than  that  for  which  issued,  without  the  consent 
of  the  Commission  written  across  the  face  of  the  license.  Li- 
censes shall  be  issued  by  the  secretary  of  the . Commission  on 
license  blanks,  which  shall  be  furnished  by  the  State  Auditor. 
The  license  year  for  all  licenses  shall  begin  September  1st  of  one 
year  and  end  August  31st  of  the  next  year.  Any  person,  firm, 
corporation,  or  vessel  commencing  operations  without  previously 
securing  the  required  license  shall  be  guilty  of  a violation  of  this 
act.  The  licenses  provided  by  this  section  being  police  licenses 
exacted  by  the  State  in  the  control  of  her  own  property,  and  in 
the  protection  of  the  oyster  property  of  others,  over  which  a 
police  control  is  necessary,  no  parish  or  municipality  shall  impose 
any  licenses  under  the  authority  of  this  act. 

•Sec.  10.  Be  it  further  enacted,  etc.,  That  the  said  Commission 
shall  have  power  to  lease  any  water  bottoms  in  the  State  of  Lou- 
isiana, as  described  in  Section  1 of  this  act,  and  desirable  for 
purposes  of  bedding,  planting  and  cultivating  or  propagating 
oysters.  No  natural  oyster  reefs  shall  be  leased.  These  leases 
can  only  be  made  to  citizens  of  Louisiana,  Louisiana  firms,  com- 
posed of  citizens  of  Louisiana,  and  Louisiana  corporations 
domiciled  in  this  State.  No  one  person  or  corporation 
shall  hold  or  own  stock  in  several  oyster  corporations  leasing 
oyster  bottoms  where  the  aggregate  value  of  said  stock,  in  addi- 
tion to  their  own  holdings,  would  exceed  the  maximum  value  of 
a corporation  organized  to  develop  and  own  a one  thousand 
(1,000)  acre  farm  and  its  necessary  equipments,  factory,  work- 
ing capital,  etc.  All  others  are  forbidden  to  hold  these  leases 
either  as  original  lessees,  or  as  heirs,  assigns  or  transferrees, 
whether  such  assignment  or  transfer  be  conventional  or  judicial, 
voluntary  or  forced. 

Sec.  it.  Be  it  further  enacted,  etc..  That  any  qualified  per- 
son, firm  or  corporation  desiring  to  lease  a part  of  the  bottom  or 


— II 


bed  of  any  of  the  waters  of  this  State  as  provided  for  above, 
shall  present  to  the  Commission  a written  application  setting 
forth  the  name  and  address  of  the  applicant,  a reasonably  definite 
description  of  the  location  and  amount  of  the  land  covered  by 
water  desired,  and  shall  pray  that  the  application  be  registered 
that  the  water  bottoms  be  surveyed,  and  a plan  or  map  of  survey 
thereof  be  made,  and  that  the  water  bottom  described  be  leased 
to  the  applicant  under  the  provisions  of  this  act.  Thereupon 
the  Commission  shall  register  said  application  and  shall  order  the 
survey  and  plan  made  forthwith  at  the  expense  of  the  applicant. 
When  applications  are  made,  by  two  or  more  persons  for  the 
same  lands,  they  shall  be  leased  to  the  applicant  who  first  filed 
application  for  same.  The  Commission  shall  require  the  bodies 
of  land  leased  to  be  as  compact  as  possible,  taking  into  consider- 
ation the  shape  of  the  body  of  water  and  the  condition  of  the 
bottom  as  to  hardness  or  soft  mud  which  would  render  them  de- 
sirable or  undesirable  for  the  purposes  of  oyster  cultivation. 

Sec.  12.  Be-  it  further  enacted , etc.,  That  as  soon  as  the  sur- 
vey shall  have  been  made,  and  the  plan  or  map  thereof  shall  have 
been  filed  with  the  Commission,  and  the  cost  thereof  paid  by  the 
applicant,  the  Commission  shall  execute,  in  duplicate,  a lease  of 
the  water  bottoms  to  the  applicant;  one  duplicate  to  be  delivered 
to  him,  and  the  other  with  the  plan  of  survey  to  be  retained  by 
the  Commission,  and  registered  in  a Lease  Book  which  shall  be 
kept,  and  thereafter  such  lessee  shall  enjoy  the  exclusive  use  of 
said  lands,  and  all  oysters,  shells  and  cultch  grown  or  placed 
thereon  shall  be  his  exclusive  property.  The  Commission  shall 
require  the  lessee  to  stake  off  and  mark  the  water  bottom  leased, 
by  such  ranges,  monuments,  stakes,  buoys,  etc.,  as  it  may  deem 
necessary  to  ascertain  and  locate  the  same,  to  the  end  that  the 
location  and  limits  of  the  land  embraced  in  such  lease  may  be 
easily  and  accurately  found  and  fixed.  Failure  on  the  part  of  the 
lessee  to  comply  with  the  order  of  the  Commission  to  this  effect 
within  the  time  fixed  by  it  shall  subject  such  lessee  in  the  discre- 
tion of  the  Commission  to  a fine  not  exceeding  five  dollars  ($5) 
per  acre.  All  lessees  shall  cause  the  area  of  the  leased  water 
bottom  and  the  name  of  the  lessee  to  be  shown  by  signs  as  may  be 
determined  by  the  Commission. 

Sec.  13.  Be  it  further  enacted,  etc.,  That  all  leases  made  un- 
der the  provisions  of  Section  12,  shall  begin  on  the  day  that  the 
lease  is  signed,  and  shall  expire  on  the  first  day  of  October  in  the 
fifteenth  year  thereafter.  The  rent  shall  be  one  dollar  ($1.00) 
per  acre  or  any  fraction  of  an  acre  per  annum.  This  rent  shall 
be  paid  in  advance  at  the  time  of  signing  the  lease,  up  to  the  first 
day  of  October  next  folio  wing,  and  annually  thereafter,  in  ad- 


— 12- 


vance  on  or  before  the  first  day  of  October  in  each  year,  until  the 
expiration  of  the  original  lease,  whether  held  by  the  original 
lessee,  or  by  an  heir,  assign  or  transferree.  No  person,  firm  or 
corporation  shall  lease,  hold  or  control  more  than  one  thousand 
(1,000)  acres  of  these  water  lands  and  any  person,  firm  or  cor- 
poration which  holds  or  controls,  or  seeks  or  attempts  to  hold  or 
control  by  partnership  or  otherwise  more  than  this  amount  by 
any  scheme,  agreement,  understanding  or  combination  whatso- 
ever. shall  forfeit  all  lease  held  by  him  or  it.  The  Commission 
shail  have  power  to  make  such  other  stipulations  in  the  leases,  as 
it  shall  deem  necessary  or  proper.  No  taxes,  assessments  or  li- 
censes, other  than  those  imposed  by  this  act  shall  be  levied  or  im- 
posed on  said  leases  or  said  leased  lands,  but  the  annual  rental 
exacted  and  paid  shall  be  held  and  considered  all  that  can  or 
should  be  exacted  by  the  State  or  any  of  its  subordinate  political 
corporations  or  municipalities.  Each  tenant  leasing  water  bot- 
toms under  the  provisions  of  this  act,  shall  after  five  years  from 
the  commencement  of  his  lease,  place  under  cultivation  yearly  at 
least  one-tenth  of  the  water  bottoms  leased  still  remaining  uncul- 
tivated. 

Sec.  14.  Be  it  further  enacted , etc .,  That  said  leases  shall  be 
heritable  and  shall  be  transferable,  in  whole  or  in  part,  provided 
the  heirs  or  transferrees  be  residents  of  this  State  or  firm»  com- 
posed of  residents  of  this  State,  or  Louisiana  corporations  domi- 
ciled in  this  State.  Non-residents  of  this  State  acquiring  by  in- 
heritance or  at  forced  sale,  or  persons  already  holding  one  thou- 
sand (1,000)  acres,  shall  be  permitted  to  hold  for  twelve  months, 
at  the  end  of  which  time,  under  penalty  of  forfeiture,  they  shall 
sell  to  some  qualified  person,  firm  or  corporation  of  this  State 
such  bedding  or  propagating  grounds  as  may  be  so  acquired  by 
them.  These  leases  shall  also  be  subject  to  mortgage,  pledge  or 
hypothecation,  and  shall  be  subject  to  seizure  and  sale  for  debt, 
as  any  other  property,  rights  and  credits  in  this  State,  and  this 
provision  shall  also  apply  to  all  buildings,  betterments  and  im- 
provements thereon.  No  such  inheritance  or  transfer  shall  be 
valid  or  of  any  force  or  effect  whatever,  unless  evidenced  by  an 
authentic  act,  judgment  or  proper  judicial  deed,  registered  in  the 
office  of  the  Commission  in  a book  to  be  provided  for  said  pur- 
pose. The  Commission  shall  keep  proper  indexes,  so  that  all 
original  leases  and  all  subsequent  changes  and  transfers  can  be 
easily  and  accurately  ascertained. 

The  water  bottoms  around  the  Biological  Station,  situated  in 
the  Parish  of  Cameron,  near  the  mouth  of  the  Calcasieu  River, 
shall  be  reserved  for  experimental  purposes  to  the  following  ex- 
tent, to-wit : — To  a distance  of  a quarter  of  a mile  above  the  said 


-13- 


station  to  the  full  extent  of  the  river  and  down  the  river  to  the 
Gulf  to  the  full  extent  of  said  river  and  to  a distance  of  one  mile 
east  and  west  of  the  mouth  of  the  river,  and  extending  to  the  full 
limit  in  the  Gulf.  Should  it  be  subsequently  found  that  any  of 
said  reserve  water  area  is  unnecessary  for  the  experimental  pur- 
poses, and  upon  notification  to  that  effect  by  the  Director  of  said 
Biological  Station,  said  unnecessary  area  shall  be  opened  to 
rental. 

Sec.  15.  Be  it  further  enacted , etc.,  That  all  leases  shall  stipu- 
late for  the  payment  of  the  annual  rent  in  advance,  on  or  before 
the  first  day  of  October  in  each  year,  and  a further  stipulation 
that  the  failure  of  the  tenant  to  pay  the  rent  punctually  on  or  be- 
fore said  day,  or  within  thirty  (30)  days  thereafter,  shall  ipso 
facto,  and  without  any  demand  or  putting  in  default,  terminate 
and  cancel  said  lease  and  forfeit  to  the  Commission  all  the  works, 
improvements,  betterments  and  oysters  on  the  said  leased  water 
bottoms,  and  authorize  the  Commission  to  at  once  enter  on  said 
water  bottoms,  and  take  possession  thereof ; and  such  water  bot- 
toms shall  then  be  open  for  lease  as  herein  provided;  and  the 
Commission  shall,  ten  days  thereafter,  enter  such  termination, 
cancellation  and  forfeiture  on  its  books,  and  shall  give  such  pub- 
lic notice  thereof,  and  of  the  fact  that  the  water  bottoms  are  open 
for  lease,  as  it  shall  deem  proper;  provided  that  the  Commission 
may,  in  its  discretion,  waive  such  termination,  cancellation  and 
forfeiture  when  the  rent  due,  with  ten  (10)  per  cent,  additional, 
be  tendered  to  it  within  sixty  (60)  days  after  same  became  due. 
No  leased  water  bottoms  shall  be  forfeited  for  non-payment  of 
rent  under  the  provisions  of  this  section,  unless  there  shall  pre- 
viously have  been  mailed,  by  the  Commission,  to  the  last  known 
address  of  such  tenant  according  to  the  books  of  the  Commission, 
a thirty  (30)  days’  notice  of  the  maturity  of  said  rental. 

Sec.  16.  Be  it  further  enacted,  etc.,  That  after  the  original 
lease  for  fifteen  years  under  the  provisions  of  Section  12  shall 
have  expired,  said  tenant  shall  have  a right  to  renew  said  lease 
under  the  same  terms,  conditions  and  stipulations  for  a further 
term  of  ten  (10)  years,  except  that  the  annual  rental  shall  be 
two  dollars  ($2)  per  acre  per  annum.  At  the  end  of  said  ten 
years  no  permanent  works,  betterments  or  improvements  shall  be 
removed  from  said  leased  land  and  the  lessee  holding  the  land, 
whether  the  original  tenant,  or  an  heir, . assignee  or  transferree, 
shall  have  a right  to  a renewal  of  said  lease  under  such  terms, 
conditions  and  stipulation  as  the  Commission  may  determine  upon 
his  filing  application  therefor,  ninety  days  before  the  expiration 
of  said  lease.  All  rentals  shall  be  payable  annually  in  advance. 
Should  the  tenant  or  lessee  be  dissatisfied  with  the  terms,  condi- 
tions and  stipulations  fixed  by  the  Commission,  he  shall  have  the 


— 14- 


right  to  bring  his  action  in  the  District  Court  for  the  Parish  in 
which  the  leased  land,  or  the  greater  portion  thereof  is  situated, 
against  the  Commission  to  have  said  terms,  conditions  and  stipu- 
lations reviewed,  passed  upon  and  made  to  conform  to  justice  and 
equity.  Both  parties  shall  have  a right  of  appeal  from  the  judg- 
ment of  the  District  Court  to  the  Supreme  Court  or  to  the  Court 
of  Appeals,  as  the  value  of  the  subject  matter  in  dispute  shall  de- 
termine ; provided,  that  the  renewals  provided  for  in  this  section 
and  all  subsequent  renewals  shall  not  be  for  a shorter  period  than 
three  years,  nor  a longer  period  than  ten  years.  Should  the 
lessee  fail  to  take  advantage  of  the  renewals  provided  for  in  this 
section,  all  the  improvements  and  betterments  upon  the  leased 
land  shall  revert  to  and  become  the  property  of  the  State. 

Sec.  17.  Be  it  further  enacted,  etc.,  That  should  any  one, 
within  four  months  after  any  original  lease  is  granted,  claim  that 
a natural  oyster  reef  exists  in  the  lands  leased,  he  shall  address  a 
written  petition  to  the  Commission,  verified  under  oath,  in  which 
he  shall  concisely  set  forth  his  claim,  and  state  the  location  and 
approximate  area  of  the  natural  reef,  and  shall  pray  the  Com- 
mission to  cancel  the  lease  of  said  reef.  Each  such  petition  shall 
be  accompanied  by  a deposit  of  ten  ($10.00)  dollars  to  defray  the 
costs  of  examining  into  the  matter,  and  no  petition  shall  be  con- 
sidered unless  accompanied  by  this  deposit.  Should  the  Commis- 
sion determine  that  the  charge  is  untrue  the  ten  dollars  ($10.00) 
deposit  made  by  the  petitioner  shall  go  to  defray  the  expenses ; 
otherwise  the  same  shall  be  returned  to  the  petitioner.  Should  it 
determine  that  the  said  leased  area  contains  a natural  reef  which 
should  be  left  open  for  public  fishing,  the  tenant  shall  pay  all 
costs,  and  the  said  natural  reef  shall  be  surveyed,  marked  and 
buoyed  or  staked  and  the  lease  thereof  cancelled,  all  at  the  ex- 
pense of  the  lessee.  In  all  cases  the  lessee  must  be  notified  of 
the  charge,  and  of  the  time  and  place  of  investigation,  and  be 
given  full  reasonable  opportunity  to  be  heard.  No  such  petition 
shall  be  received  and  be  acted  upon  unless  presented  within  four 
months  after  the  date  of  the  lease,  and  after  such  time  shall  have 
elapsed,  the  lessee  shall  be  secure  against  attack  on  such  account. 
In  every  case  the  decision  of  the  Commission  shall  be  subject  to 
appeal  or  review  by  the  Judge  of  the  District  Court  of  the  district 
within  which  the  alleged  natural  reef  is  situated,  who  shall  dis- 
pose of  the  matter  as  rapidly  as  possible,  without  the  aid  of  a 
jury.  The  decision  of  the  District  Judge  shall  in  turn  be  sub- 
ject to  appeal,  as  provided  by  law. 

Sec.  18.  Be  it  further  enacted,  etc.,  That  the  Secretary  of  the 
Oyster  Commission  shall  give  to  each  licensed  vessel  or  boat  a 
license  number  and  the  captain  of  said  vessel  shall  at  once  cause 
to  be  painted  on  each  side  of  the  bow  of  such  vessel  or  boat,  in 


-15- 


figures  at  least  six  inches  long  and  of  proportionate  width,  in  a 
color  distinct  and  different  from  the  body  color  of  the  hull,  and 
shall  also  display  said  number  on  the  peak  of  the  main  sail  of  his 
vessel,  and  each  figure  on  said  sail  shall  be  at  least  twenty-two 
(22)  inches  long,  of  proportional  width  and  six  (6)  inches  apart; 
that  any  person,  firm  or  corporation  staking  off  the  water  bot- 
toms of  this  State  or  bedding  oysters  on  the  bottom  of  the  wa- 
ters of  this  State  without  previously  leasing  same  from  the  Com- 
mission shall  be  guilty  of  a misdemeanor  and  shall  pay  a fine  of 
not  exceeding  one  hundred  dollars  ($100.00)  nor  less  than 
twenty-five  dollars  ($25.00),  or  shall  suffer  imprisonment  not 
exceeding  six  months,  nor  less  than  ten  days,  or  both  in  the  dis- 
cretion .of  the  Court. 

Sec.  19.  Be  it  further  enacted , etc.,  That  hereafter  it  shall  not 
be  lawful  for  any  person,  firm  or  corporation  to  take  or  catch 
oysters  on  the  natural  oyster  reefs  of  this  State,  or  to  have  such 
oysters  in  his  possession  for  sale  between  the  first  day  of  May  and 
the  first  day  of  September  of  each  year,  except  from  private 
leased  grounds ; but  the  possession  of  oysters  during  said  closed 
season  shall  be  a prima  facie  violation  of  this  act,  and  the  onus 
shall  be  upon  the  accused  to  establish  that  the  oysters  were  from 
private  leased  grounds.  For  the  purpose  of  this  act  all  oysters 
in  possession  of  any  person,  firm  or  corporation  in  this*  State 
shall  be  deemed  to  be  oysters  fished  in  Louisiana  waters  and  the 
onus  shall  be  on  the  possessor  of  such  oysters  to  prove  that  they 
were  fished  or  gathered  beyond  the  jurisdiction  of  the  State  of 
Louisiana. 

Sec.  20.  Be  it  further  enacted,  etc.,  That  all  oysters  taken 
from  natural  reefs  of  this  State  shall  be  culled  upon  their  natural 
reefs  as  taken,  and  all  oysters  which  measure  less  than  two  and 
one-half  (2^)  inches  from  hinge  to  mouth  and  all  dead  shells 
shall  be  immediately  replaced  and  scattered  broadcast  upon  the 
natural  reefs  from  which  they  are  taken.  No  captain  or  person  in 
charge  of  any  vessel,  and  no  canner,  packer,  commission  man, 
dealer  or  other  person  shall  have  in  his  possession  off  the  natural 
reefs,  any  natural  reef  oysters  not  culled  according  to  law.  Any 
excess  of  over  five  (5)  per  centum  of  dead  shells  and  small 
oysters  in  any  cargo  or  lot  of  oysters  shall  be  considered  a viola- 
tion of  this  act,  and  the  Inspectors  of  the  Commission  are  author- 
ized to  cause  to  be  measured  up  the  whole  or  a part  of  said  cargo 
or  lot  of  oysters  at  the  expense  of  such  person  or  vessel,  to  deter- 
mine said  percentage  when  found  necessary;  provided  that  un- 
culled oysters  in  the  possession  of  any  canner,  shucker  or  catcher 
shall  be  presumed  to  be  natural  reef  oysters,  and  the  onus  shall  be 
upon  the  accused  to  prove  that  they  were  fished  from  a private 
bedding  or  planting  ground.  The  Commission  may  permit  les- 


— 16 — 


sees  of  oyster  bedding  grounds  located  more  than  six  miles  from  a 
known  natural  oyster  reef,  to  fish  for  bedding  purposes  from  the 
natural  reefs  unculled  oysters  as  seed,  provided  this  shall  only  be 
done  after  obtaining  from  the  Commission  a permit  so  to  do,  and 
provided  no  lessee  shall  fish  more  than  ten  barrels  of  seed  oysters 
per  acre  of  his  lease,  provided  further,  that  in  the  event  of  the  de- 
struction of  the  oysters  on  said  leased  bedding  grounds  by  an  un- 
avoidable accident  or  natural  calamity,  and  upon  due  proof  of 
same  made  to  the  Commission,  said  lessee  may  obtain  a similar 
second  supply  of  seed  oysters. 

Sec.  21.  Be  it  further  enacted,  etc.,  That  hereafter  it  shall  be 
unlawful  to  use  a dredge,  or  any  means  or  implement  other  than 
hand  tongs,  in  removing  oysters  from  the  natural  oyster  reefs  of 
this  State,  except  in  water  over  fifteen  feet  deep,  or  where  in  the 
opinion  of  the  Commission,  the  body  of  water  regardless  of  its 
depth  is  declared  to  be  too  open  and  exposed  to  be  ordinarily 
fished  with  hand  tongs,  in  which  event  the  Oyster  Commission 
shall  be  authorized  to  issue  a license  for  the  use  of  scrapers  or 
dredges,  provided  the  applicant  shall  pay  an  annual  police  license 
fee  of  ten  dollars  ($10.00)  for  each  dredge  or  scraper,  and  shall 
give  bond  in  favor  of  the  Commission  with  good  security  in  the 
sum  of  one  thousand  dollars  ($1,000.00),  conditioned  that  said 
implement  shall  not  be  used  on  the  natural  reefs  contrary  to  law, 
and  provided  further,  that  the  right  of  the  Commission  to  declare 
bodies  of  water  too  open  and  exposed  to  be  fished  with  hand  tongs 
shall  not  apply  to  any  water  surface  within  one  mile  of  the  shore. 
Any  one  operating  on  the  natural  reefs  a dredge,  scraper  or  simi- 
lar instrument  in  fishing  oysters,  contrary  to  the  provisions  of  this 
act,  shall,  upon  conviction,  be  fined  in  a sum  not  exceeding  one 
thousand  dollars  ($1,000.00)  nor  less  than  one  hundred  dollars 
($100.00),  or  imprisoned  with,  or  without  hard  labor,  not  exceed- 
ing two  years,  nor  less  than  twenty  days,  or  both  in  the  discretion 
of  the  Court. 

Lessees  of  propagating  or  bedding  grounds  shall  have  the  right 
to  use  on  such  bedding  grounds  any  implements  or  appliances 
that  they  may  desire.  The  Commission  may  require  that  such 
lessee  may  procure  a permit  from  the  Commission  to  use  such 
implements,  and  the  Commission  may  require  of  such  lessees  that 
they  shall  furnish  a bond  in  favor  of  the  Commission  in  the  sum 
of  one  thousand  dollars  ($1,000.00),  that  such  instruments  or  ap- 
pliances shall  not  be  used  on  the  natural  oyster  reefs  contrary  to 
law.  When  such  instruments  or  appliances  are  used  exclusively 
on  private  propagating  or  bedding  grounds  no  charge  shall  be 
made  for  said  permit. 

Sec.  22.  Be  it  further  enacted,  etc.,  That  any  person  who  shall 


—i7— 


wilfully  take  oysters  or  shells  or  cultch  bedded  or  planted  by  a li- 
censee under  this  act,  or  any  oysters  deposited  by  such  licensees 
making  up  a cargo  for  market,  or  who  shall  wilfully  carry  or  at- 
tempt to  carry  same  away  without  permission  of  the  owner  there- 
of, or  who  shall  wilfully  remove,  break  off,  destroy  or  otherwise 
injure  or  alter  any  stakes,  bounds,  buoys,  or  other  designations  of 
any  natural  oyster  reef,  or  private  bedding  or  propagating 
grounds,  or  who  shall  wilfully  injure,  destroy  or  remove  any  in- 
closures, guards  or  other  protections  around  any  oyster  beds,  or 
who  shall  wilfully  move  any  bedding  ground  stake,  any  buoy, 
mark  or  designation  placed  by  the  Oyster  Commission,  shall  be 
guilty  of  a violation  of  the  provisions  of  this  act. 

Sec.  23.  Be  it  further  enacted,  etc.,  That  for  the  purrpose  of 
carrying  into  effect  the  provisions  of  this  act  and  the  rules'  and 
regulations  of  the' Oyster  Commission,  commissioners,  inspectors, 
employees  of  the  Oyster  Commission,  captains  and  members  of  the 
crews  of  all  vessels  engaged  in  the  oyster  industry  are  hereby  con- 
stituted  peace  officers  with  power  to  arrest  on  view,  without  war- 
rant, any  one  violating  the  provisions  of  the  law  or  the  rules  and 
regulations  of  the  Commission ; and  it  shall  be  the  duty  of  such 
captains  or  crews  to  lend  their  assistance  and  the  assistance  of 
their  vessels  to  any  Inspector  of  the  Commission  in  making  ar- 
rests. The  Oyster  Commission  shall,  as  soon  as  possible,  have 
copies  of  this  act  printed  for  free  distribution.  It  shall  publish  in 
its  official  journal  its  rules  and  regulations  from  time  to  time  as 
they  are  adopted,  and  shall  annually  publish  its  rules  and  regula- 
tions in  pamphlet  form  for  free  distribution,  and  shall  make 
an  annual  report  to  the  Governor  of  the  operations  of  said  Com- 
mission. 

Sec.  24.  Be  it  further  enacted,  etc.,  That  the  Oyster  Commis- 
sion herein  constituted  shall  be  authorized  to  settle  all  disputes  as 
to  boundaries  between  lessees  of  bedding  grounds,  the  proceedings 
to  be  conducted  under  such  rules  and  regulations  as  said  Commis- 
sion may  prescribe,  reserving  to  each  party  a right  to  appeal  to  the 
Court.  In  all  the  operations  of  the  Commission  the  standard  legal 
measure,  in  calculating  the  quantity  of  oysters,  shall  be  used. 

Sec.  25.  Be  it  further  enacted,  etc..  That  east  of  a projected 
line  separating  the  parishes  of  Lafourche  and  Jefferson  a natural 
oyster  reef  shall  be  considered  and  defined  as  an  area  containing 
not  less  than  a continuous  area  equalling  a square  acre  of  the 
bottom  of  any  water  where  oysters  are  found,  growing  naturally 

the  time,  and  of  sufficient  quantities  to  make  their  fishing  profit- 
able by  means  of  hand  tongs.  West  of  said  line  a natural  oyster 
reef  shall  be  considered  and  defined  as  an  area  equalling  not  less 
than  ten  thousand  (10,000)  square  feet  of  the  bottom  of  any  body 
of  water,  where  oysters  are  found  growing  naturally  at  the  time 


— i8— 


and  of  sufficient  quantities  to  make  their  fishing  profitable  by 
means  of  hand  tongs,  provided  no  break  of  continuity  in  any  reef 
of  less  than  twenty-five  (25)  feet  shall  be  considered.  The 
Oyster  Commission,  however,  shall,  in  all  cases,  be  the  judge  as 
to  whether  any  particular  bottom  is  or  is  not  a natural  reef,  and 
where  any  particular  locality  shall  have  been  declared  open  for 
lease,  for  oyster  bedding  or  propagating  purposes  by  resolution 
of  the  Oyster  Commission,  the  correctness  of  the  Commission’s 
ruling  shall  be  subject  to  review  by  the  Judge  of  the  District 
Court,  as  hereinbefore  provided  in  Section  19.  The  Commission 
may  expend  not  more  than  five  thousand  dollars  ($5,000.00)  per 
annum  in  improving  and  enlarging  the  natural  oyster  reefs  in  this 
State  by  depositing  and  spreading  shells,  breaking  up  bunched 
oysters,  and  the  use  of  such  other  means,  as  said  Commission  may 
determine;  and  the  Commission  shall  have  authority,  in  working 
and  improving  said  natural  reefs,  to  use  hand  or  power  dredges, 
should  it  deem  it  wise  to  do  so,  and  to  experiment  with  such  im- 
plements as  may  be  used  or  come  into  use  in  other  States,  or  be 
invented  in  this  State. 

Sec.  26.  Be  it  further  enacted , etc.,  That  all  vessels  with  their 
cargoes,  violating  the  provision  of  this  law  or  the  rules  and  regu- 
lations of  the  Commission  shall  be  seized  by  any  one  authorized  to 
make  arrests  under  this  act,  and  taken  into  custody  and  delivered 
to  the  sheriff  of  the  parish  in  which  the  seizure  is  made,  and  shall 
be  liable  to  forfeiture  on  appropriate  proceedings  being  instituted 
by  the  Commission,  before  the  District  Court  of  that  Parish,  and 
such  District  Court  shall  formulate  and  adopt  rules  to  govern  the 
proceedings  in  these  cases.  The  cargo  shall  be  at  once  disposed  of 
by  the  sheriff  for  account  of  whom  it  may  concern.  Should  the 
master  or  any  member  of  the  crew  of  said  vessel  be  found  guilty' 
of  using  dredges  or  other  instruments  in  fishing  oysters  on  the 
natural  reefs  contrary  to  law,  or  fishing  oysters  on  the  natural 
reefs  out  of  season,  or  unlawfully  taking  oysters  belonging  to  a 
lessee,  such  vessel  shall  be  declared  forfeited  by  the  Court  and 
ordered  sold,  and  the  proceeds  of  sale  shall  be  deposited  with  the 
State  Treasurer  to  the  credit  of  the  Oyster  Commission.  Pending 
the  proceeding  such  vessel  may  be  released  upon  the  owner  fur- 
nishing bond  with  good  and  solvent  security  in  double  the  value 
of  the  vessel  conditioned  upon  its  being  returned  in  good  condi- 
tion to  the  sheriff  to  abide  the  judgment  of  the  Court.  Any  per- 
son found  guilty  of  violating  this  law  or  the  rules  and  regulations 
of  the  Commission  shall  at  once  forfeit  all  licenses  that  he  may 
have ; any'  person  found  guilty,  of  wilfully  violating  the  provisions 
of  this  law,  shall  upon  conviction,  unless  otherwise  provided  here- 
in, be  fined  in  a sum  of  not  less  than  fifty  dollars  ($50.00),  nor 


more  than  one  thousand  dollars  ($1,000.00)  or  imprisoned,  with 
or  without  hard  labor,  not  less  than  thirty  (30)  days  nor  more 
than  two  (2)  years,  or  both,  in  the  discretion  of  the' Court,  after  a 
trial  in  the  District  Court  in  this  State. 

Sec.  27.  Be  it  further  enacted , etc.,  That  Act  No.  153  of  1902, 
approved  July  8th,  1902,  and  all  laws  on  the  same  subject  matter 
and  all  laws  in  conflict  herewith  be  and  they  are  hereby  repealed, 
and  that  this  act  shall  take  effect  from  and  after  its  promulgation. 


INDEX 


A.  PAGE. 

Acreage  12 

Amendments  of  law 3 

Appeal,  from  rules  and  regulations 4 

Application  for  lease 11 

Appropriation  6 

Armed  patrol 7 

Attorney  5 

Auditor,  settlement  with 6 

B. 

Bedding  ground,  application  for 11 

leasing  of 11 

Biological  station 12 

Blanks  for  license 10 

Boats  and  vessels 7 

Bonds  for  dredges 16 

“ “ employees  7 

“ “ vessels  18 

Boundary  line  dispute 17 

Buoys  of  bedding  grounds 8-11 

Buying  for  resale 9 

By-laws  4 

C. 

Canners,  as  to  privilege  tax 8 

“ “ “ license  8 

“ must  can  in  Louisiana 2 

Cargo,  sale  of 18 

Certified  copies,  as  evidence 3 

Change  of  name  of  vessel 10 

Chief  inspector 5 

“ surveyor 5 

Closed  season 15 

Collection  of  revenues 6 

Combinations  prohibited  12 

Commissioners,  appointment.-. 2 

“ appointed  under  act  153  of  1902 4 

“ duty  \ 

“ experiments  18 

foiling  to  attend  meetings 4 

“ monthly  settlement 6 

“ per  diem 5 

“ powers  3 

“ qualifications  2 

“ removal  of 3 

“ right  to  sue 3 

Common  carriers  and  privilege  tax 7 

Complaint,  as  to  natural  reefs 14 

Control  of  Oyster  Commission 1 

Corporations’  domicile 2 

Criminal,  expenses  of  parishes 6 

Culling  of  oysters 15 

Culls,  percentage  of 15 

Cultivation  required 12 


INDEX. — Continued. 


D.  PAGE. 

Delinquency  of  rental 13 

Deposit  by  contestant 14 

“ of  collections 6 

Disbursements,  yearly 6 

Domicile  of  Commission 3 

Dredging  of  oysters 16 

Dredging  on  private  land 16 

E. 

Employees,  appointment 5 

“ interest  in  industry 3 

“ non-residents  2 

Evidence,  prima  facie 3 

Experiments  by  Commission 18 

Exportation  of  oysters 2 

F. 

Failure  to  attend  meetings 4 

First  applicant 11 

Fishing  on  natural  reefs 4 

“ “ bedding  ground 4 

Forfeiture  of  lease 13 

“ “ vessel  . . 18 

Freighting  of  oysters..-. 10 

G. 

Graduation  of  licenses 9-10 

Governor,  report  to 17 

I. 

Inspection  of  buildings  and  vessels 8 

Improvements  on  bedding  grounds 13 

J. 

Judicial  review 13-14-17-18 

L. 

Labor,  non-resident 2 

“ right  to  employ 2 

Leases,  Acts  110  of  1892,  121  of  1896,  153  of  1902 2 

“ application  11 

“ bedding  ground 11 

“ forfeiture  11 

“ manner  of  making 10 

“ of  water  bottoms 10 

“ register  11 

“ transfer  of 12 

Lessees  qualifications 10 

License  blanks 10 

“ begins  when 10 

by  whom  collected 6 

“ buyer  for  resale *8 

“ canners  8 

“ dredgers  16 

“ packers  8 

“ vessel  9 

“ year  10 

Limit  of  leasehold  area 10 

“ “ stock  holdings 10 

“ “ taxation  12 

Low  water  mark 2 


INDEX. — Continued. 


M.  PAGE. 

Marking  of  leased  lands 11 

Maturity  of  rental 2 

Measurement  of  vessels 9 

Minimum  license 9 

Minutes,  published  where 4 

Mortgage  of  bedding  grounds 12 

Municipal,  no  license 10 

N. 

Name,  change  of 10 

Natural  reefs  defined 17-18 

“ “ improvement  of 4-18 

“ “ no  right  to  lease 10-13 

“ “ property  of  state 1 

Notice  of  rental  delinquency 13 

Number  on  vessel 14 

O. 

Obligation  of  lessee 12 

Open  and  exposed  waters 16 

Office  hours 4 

Official  journal 4 

Officers,  powers  of 16 

Operating  without  license 10 

Ordinance  goes  into  effect 4 

P. 

Packers  7-8 

“ as  to  tax 7 

Parishes,  criminal  expense 6 

“ no  right  to  levy  licenses 10 

Patrol  boats 7 

Payment  of  rental 13 

Penalty,  failure  to  stake 11 

“ omitting  number 18 

“ removing  stakes 17 

“ violating  rules 3 

“ violating  law 18 

Percentage,  small  oysters 15 

Per  diem 5 

Perjury  8 

Port  of  entry 7 

Powers  of  inspectors 8 

President’s  salary 5 

pro  tern 4 

Preference  of  first  applicant 11 

Prescription  14 

Privilege  tax 7-8 

“ by  whom  collected 6 

Promulgation  of  rules 4 

Property  of  state 1 

“ “ commission  7 

Protect  natural  reefs 4 

Publication  of  act 17 

“ rules  17 

Q. 

Qualifications  of  commissioners 2 

“ “ employees  3 


INDEX. — Continued. 


R. 

Records  kept  by  vessel 

Register  of  leases 

Regulations  as  to  privilege  tax . . . , 

“ of  commission 

Removal  of  commissioners 

“ ' “ employees 

Removing  stakes 

Rental,  amount 

Rent,  by  whom  collected 

“ payable  in  advance 

Renewal  of  lease 

Repeal  

“ clause  

Report  to  governor 

“ to  legislature 

“ by  licensees 

Residents  may  use  bottom 

Resale,  vessels  purchasing  for 

Returns  at  end  of  license  year. . . . 

Rights  of  lessees 

Riparian  proprietor 

Roads  

Rules  and  legislature 

S. 

Salary  of  attorney 

“ “ commissioners  

“ “ chief  inspector 

“ “ “ surveyor  

“ “ deputy  surveyor 

“ “ secretary  

Sale  of  cargo 

School  fund 

Seal  of  commission 

Secretary  

“ daily  deposit 

Seed  oysters 

“ fishing  of 

Service  of  process  on  commission. . 

Shells,  exportation  of 

Sheriffs’  settlements 

Shipment  out  of  State 

Shucker’s  license 

must  shuck  in  Louisiana 

Special  meetings 

Staking  bedding  grounds 

Stock  holding  limits 

Surety  on  bonds 

Surplus  fund 

Surveyors  

Survey,  plan  of 

Suspension  of  employees 

T. 

Tax  collectors’  monthly  reports . . . 

Tenure  of  non-residents 

Title  

Transfer  of  leases 

Traveling  expenses 

Trust  prohibition 

Ton,  vessels  under  one 


PAGE. 

9 

. 11 
8 

3 

4 

5 

. 17 

,11-13 

6 

12-13 
2-13 
. 19 

. 19 

. 17 

4 
8 
1 
9 
9 

11-16 

2 

6 

4 

. 5 

5 
5 
5 

5 
4 

. 18 

6 

3 

4 
6 

i 16 
, 16 

3 
2 

7 
2 

8 
2 

4 

11 

10 

7 

6 

5 

11 

5 

6 

12 

1 

12 

5 

12 

10 


INDEX. — Continued. 


U.  PAGE. 

Use  of  water  bottoms 15 

V. 

Vessel,  change  of  name 10 

“ forfeiture  18 

“ license  9 

“ number  14 

“ purchasing  for  resale 9 

“ records  to  be  kept 9 

Violations,  where  prosecuted 17-18 

W. 

Warrants,  issuing  of 6 

Water  bottoms  cannot  be  sold 2 

“ “ state  property 1 

Y. 

Year,  license 10 


